West Bloomfield, MI Immigration Law Firms & Lawyers

Expungement won't wipe out your conviction for immigration purposes. Depending on the specifics of the controlled substance conviction, it may or may not affect your ability to receive a green card. Do not leave the US. Apply here. You need an immigration attorney. If you overstayed less than a year, the bar is three years, not 10

There are a couple of points that have to be addressed here, so, please, bear with me. First, there is no "President Obama's new law ". In the United States, the Congress makes laws; the President cannot make a new law even if his last name is Obama. The so-called Obama's new law is a change in policy: the President told his Secretary of Homeland Security to stop trying to deport certain persons who are present in the U.S. without permission of the U.S. Government - and to give these people permission to work in the U.S. for the next couple of years. Chances are that this program will continue so long as President Obama remains in the Oval Office; the next President might, too, keep this program, but it would have to be seen. Please understand that this program does not make anyone a permanent resident, not right away, not later. All it says is: "OK, you can stay and work here, for now, until we change our mind again." If your lawyer told you that you would get a green card, find another lawyer - one who would know what he is talking about and, preferably, honest. Admittedly, it is not an easy task; but I promise you that it can be done. Second, you have to find another lawyer - because what yours tells you does not make any sense. A birth certificate cannot be changed to a different name, not in the U.S., not in Mexico. Moreover, there is no need to even try. Let's take a look at the situation: you have been in the U.S. for over 5 years and need to prove it; and you have a Mexican birth certificate issued to your real name that is different from the name you used all your life in the U.S. For example, let's say a person was registered at birth in Mexico as Juan Francisco Morales Moya, but called himself in the U.S. Francisco Luna. So, the task then breaks into two: 1) that guy has to prove that Juan Francisco Morales Moya and Francisco Luna are one and the same person; and 2) he has to prove that Francisco Luna lives in the U.S. for over 5 years. The second part should not be too hard - if he have school records, medical records, employment records, and witnesses who know and will testify that he lives here for over 5 years. The first part is not too difficult, either: - first, he would make an affidavit (a written statement sworn before a notary public) that he was born Juan Francisco Morales Moya but have always used the name Francisco Luna (he can state the reason for his use of a different name, if he wants); - second, he will need an affidavit from a close relative (mother, father, grandparent, uncle or aunt, older brother or sister), that should contain his recent photograph and his close relative's statement under oath that a) the witness knows Juan Francisco Morales Moya from the day he was born, b) that it is true that Juan Francisco Morales Moya always used in the U.S. the name Francisco Luna; and c) that Juan Francisco Morales Moya and Francisco Luna are, in fact, one and the same person. If you have more than one close relative, get an affidavit from each one of them - when dealing with USCIS, you can never have too much proof.

Although not 100% clear, it appears that a H-1B change of employer petition may not be treated the same as a regular extension by the same employer, and may not be subject to a 240 day limit on employment authorization. If you wish to be safe, your employer can always request premium processing on form I-907 with USCIS. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.